HomeMy WebLinkAbout6100RESOLUTION NO. 6100
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND KAISER
AEROSPACE & ELECTRONICS CORPORATION, A NEVADA
CORPORATION RELATING TO THE TRANSFER OF LAND AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE
AGREEMENT AND THE WARRANTY DEED THEREIN DESCRIBED
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The City Council does hereby find and determine as follows:
(a) There now exists in the City of Pueblo and has existed
for a number of years unemployment in an abnormal amount injurious
to the public health and welfare of the City and its inhabitants
constituting an economic and social liability impairing and
arresting the sound growth, economic development and stability of
the City.
(b) The prevention and elimination of unemployment and the
social and economic evils associated therewith are proper public
purposes and matters of local and municipal concern which justify
the expenditure of public funds.
(c) The City is the owner by conveyance from the United
States Government of land known as the Pueblo Memorial Airport and
it would be in the best interests of the City and in the public
interests if portions of the Airport land not required for
aviation or airport use be transferred and be reused and developed
for industrial purposes.
(d) Kaiser Aerospace & Electronics Corporation has
determined to construct on land at Pueblo Memorial Airport an
approximately 100,000 square foot manufacturing facility with
office space (herein "Project ").
(e) No similar project exists in the City and construction
and equipping of the Project will require a large outlay of
capital.
(f) Kaiser Aerospace & Electronics Corporation believes it
will employ and has committed to the City that it will use its
best efforts in good faith to employ approximately 100 employees
at the Project within two (2) years.
(g) The property described in the Agreement between the City
and Kaiser Aerospace & Electronics Corporation attached hereto is
surplus to the City's needs.
(h) The construction of the Project will stimulate and
promote industrial activity at Pueblo Memorial Airport thereby
creating employment opportunities for the citizens of the City,
greater use of airport facilities and increased aeronautical
activities.
(i) The execution and performance of the Agreement between
the City and Kaiser Aerospace & Electronics Corporation are in the
best interests of the City and its citizens and will promote the
public health, safety, commerce, prosperity and general welfare of
the City and its citizens.
['L�/T Tl1AT 7
The Agreement between the City of Pueblo, a Municipal Cor-
poration and Kaiser Aerospace & Electronics Corporation, a Nevada
Corporation, a copy of which is attached hereto and incorporated
herein as if set out herein in full, having been approved as to
IWZ
form by the City Attorney, is hereby approved.
QV('TTnM Z
The President of the City Council is hereby authorized and
directed to execute for and on behalf of the City the Agreement
and the Warranty Deed substantially in the form of Exhibit "A"
attached thereto and the City Clerk is directed to affix the seal
of the City thereto and attest same.
INTRODUCED: October 13 , 1987
ALLYN MIDDELKAMP
Councilman
ATTEST: APPROV
4w,44"o-
C C b 17TF. 17 President of the City Council
TJ 23.05 -3-
AGREEMENT
THIS AGREEMENT entered into this 13th day of October.
1987 between the CITY OF PUEBLO, A MUNICIPAL CORPORATION (herein
"City ") and KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA
CORPORATION (herein "Company "), WITNESSETH:
WHEREAS, City is the owner by conveyance from the United
States Government of certain land known as the Pueblo Memorial
Airport, Pueblo County, Colorado, and
WHEREAS, it would be in the best interest of the City and in
the public interest if portions of the Airport land not required
for aviation or airport use be transferred and be reused and
developed for industrial purposes, and
WHEREAS, such reuse and development of portions of the
Airport industrial land would increase the tax base and avail-
ability of jobs and promote the economic expansion of the City,
and
WHEREAS, the property described herein is surplus property no
longer of need or use to the City, and
WHEREAS, Company has proposed a plan for the reuse and
development of a portion of the Airport land for industrial use.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, City and Company agree as follows:
1. Sale and Purchase (a) City does hereby sell, and
Company does hereby purchase upon the terms and conditions herein,
for a purchase price of $19.00 (herein "Purchase Price ") payable
as herein provided, approximately 19.10 acres, more or less, of
real property located at Pueblo Memorial Airport, Pueblo County,
Colorado described in Exhibit "A" attached hereto and incorporated
herein (herein "Property "). Company acknowledges that City owns
the Property subject to restrictions in the deed to the City
recorded in Book 1074, Page 87, Instrument No. 819072 of the
records of the Clerk and Recorder of Pueblo County, Colorado.
(b) The Purchase Price will be paid in full at closing.
2. Conveyance The City shall convey to Company marketable
title to the Property by general Warranty Deed substantially in
the form of Exhibit "A" attached hereto and incorporated herein,
free of liens, encumbrances, taxes and assessments. At closing,
the deed will be duly executed and acknowledged for recording.
3. Closing The closing of the transaction contemplated by
this Agreement shall be in Pueblo, Colorado at a time and date
designated by the City, on or before November, 1, 1987 (herein
"closing date "). The closing date hereunder may be changed
without amendment to this Agreement by mutual written consent of
City and Company and both parties shall be reasonable in consent-
ing to changes in the closing date in order to comply with the
conditions precedent to closing set forth in paragraph 4. If the
closing does not take place on or before the closing date or such
later date as City and Company shall mutually agree to in writing,
this Agreement shall become null and void.
4. Conditions Precedent to Closing. The purchase and sale
herein contemplated is contingent upon and subject to the follow-
ing:
(a) Receipt by Company of a standard ALTA owners title
insurance policy, or commitment therefor, in the amount of the
estimated value of the Property as improved satisfactory to
Company, insuring title to the Property free of liens, encumbranc-
es, taxes and assessments. All costs and premium for such title
insurance shall be paid by Company.
(b) Prior approval of the Federal Aviation Administra-
tion (herein "F.A.A. ") and its issuance of all necessary Deeds of
Release for the Property.
(c) Pueblo County granting an exemption from its sub-
division regulations for the Property or the inclusion of the
Property in an approved subdivision.
(d) Completion by Company of environmental and soils
surveys and tests of the Property showing the Property to be, in
Company's sole opinion, in an acceptable environmental condition
and suitable for construction of Company's facilities. Such
environmental and soils surveys and tests shall be conducted by
Company at its sole cost and expense.
If any of the above conditions precedent to closing are
not complied with prior to closing, Company or City may terminate
this Agreement and each party shall be released from all obliga-
tions hereunder.
5. Company's Representations Company represents, warrants
and agrees, subject to closing, as follows:
(a) Company shall construct and equip on the Property
an approximately 100,000 square foot manufacturing facility with
office space (herein "facility ") and will operate its facility in
a manner which will be advantageous to the economic development of
the City and County of Pueblo, Colorado, as set forth herein. The
facility will be constructed in accordance with plans and specifi-
cations, including parking, site development and landscaping
plans, approved by City, which approval will not be unreasonably
withheld or delayed, and in compliance with applicable federal,
state, and local law, regulations and codes. Company estimates
that the facility will be operational within twelve (12) months
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after date of closing.
If Company does not commence construction of its
facility in accordance with plans and specifications therefor
approved by the City within nine (9) months after closing and
thereafter without unreasonable delay pursue its completion and
take all action necessary and required therefor, in exchange for
its original purchase price, Company shall reconvey to City
marketable title to the Property by Special Warranty Deed free of
all liens, claims, encumbrances, taxes, restrictions, reservations
and easements and rights of way placed thereon by the acts or
defaults of Company. The term "commence construction" means the
pouring of footings and foundations.
(b) Company shall, at its own expense, cause all
utilities and roads used or to be used by the Company on the
Property to be extended from the streets adjacent to the Property
and installed upon the Property and shall maintain and keep in
good repair all such roads and utility extensions.
(c) Company shall keep and maintain the Property and
all improvements thereon including landscaping in a good, clean,
safe and orderly condition, free of waste, rubbish, debris and
trash and will enclose and screen from public view by a solid
fence all unsightly areas of the Property and those areas used for
storage.
(d) Waste water discharged from the Property into
City's sanitary sewer system and Company's use thereof are limited
by and subject to the available treatment capacity of City's waste
water treatment facilities and City's sewer user, industrial cost
recovery, high strength surcharge, and pretreatment ordinances,
rules and regulations applicable to City's sanitary sewer system
at Pueblo Memorial Airport, now in effect or hereafter adopted and
amended. If Company discharges waste water from the Property
other than into City's sanitary sewer system, Company shall obtain
all permits and easements required therefor. City will cooperate
with Company in obtaining such permits and easements provided City
incurs no expense or liability relating thereto.
(e) Company shall comply with notifications and review
requirements of the F.A.A. prior to construction, modification or
alteration of any building or structure on the Property.
(f) Company shall pay to City a combined service fee
for services and facilities now furnished by City at the Pueblo
Memorial Airport, namely: sewage treatment, public street
maintenance, fire protection, and street lighting based upon
$250.00 per acre per annum payable monthly for each acre of land
conveyed to Company hereunder. City may, from time to time,
reduce or eliminate any or all of the services or facilities
presently being furnished and may modify, increase, or decrease
the annual combined service fee provided (i) such services and fee
shall be non - discriminatory among other tenants and owners of land
-3-
at Pueblo Memorial Airport receiving such services and facilities,
and (ii) such fee shall be reasonable in relation to City's actual
cost and expense of furnishing the services and facilities then
being furnished. City's cost may include the cost of capital
improvements amortized over the useful life of the improvements.
(g) Company agrees and acknowledges that neither City
nor any of its officers, employees or agents has made any repre-
sentation or warranty concerning or relating to the operation,
maintenance or continuance of the Pueblo Memorial Airport or any
public areas or facilities located at the Pueblo Memorial Airport.
(h) The Property to be conveyed to Company hereunder is
a portion of land City is developing into an industrial park.
City in developing the industrial park intends to prepare and
record appropriate restrictive covenants restricting the develop-
ment and use of the land adjacent to the Property to industrial
and commercial development and uses which are generally compatible
with Company's contemplated use for the Property. City agrees to
consult with Company in the preparation of such restrictive
covenants for the industrial park. City further agrees that such
restrictive covenants will not require modification of Company's
use of the Property on the date the restrictive covenants are
recorded. Company shall subordinate the Property to such
restrictive covenants and, if requested by the City to do so, will
execute and record an instrument subjecting the Property thereto.
(i) Company acknowledges and agrees that the creation
of jobs by Company is the primary purpose and the major considera-
tion to the City for the transfer of the Property hereunder.
Therefore, Company agrees that it will use its best efforts in
good faith to employ at its facility on the Property approximately
one hundred (100) employees within two (2) years from date of
closing.
(j) At the request of City, Company shall meet and in
good faith confer with the City concerning the annexation of the
Property to the City when the Pueblo Memorial Airport, or any part
thereof including, without limitation, the Property, becomes
eligible for annexation.
(k) Company shall provide for storm water drainage
which shall include the construction and installation of storm
water detention facilities on the Property. The detention
facility shall be capable of storing the developed on -site runoff
from a 100 -year frequency storm. The maximum release rate from
the detention facility at the ponding depth corresponding to the
10 -year volume shall be .30 cfs /acre and 1.00 cfs /area for the
100 -year ponding depth. All calculations and details shall
conform with the City of Pueblo Storm Drainage Criteria Manual.
The point of discharge from the detention facility shall be at a
location approved by the Director of Public Works.
6. City's Representations. City represents, warrants and
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agrees, subject to closing, as follows:
(a) No litigation is pending, or to the City's knowl-
edge proposed, threatened or anticipated with respect to any
matter affecting the Property.
(b) City will install or cause to be installed water,
sewer, natural gas and electric utility service lines to the
Property line adjacent to William White Boulevard.
(c) City will, at its expense, grade and prepare
building foundation sites for Company's initial facility in
accordance with plans and specifications approved by Company and
City.
(d) To the best of its knowledge, there are no toxic or
hazardous substances on or in the Property in a quantity or
concentration which precludes Company from using the Property as
contemplated herein. If, prior to City's expenditure of funds for
any improvements required to be made by City under paragraph 6
hereof, or within ninety (90) days after closing, whichever occurs
first, competent and reliable environmental studies establish that
toxic or hazardous substances exist in or on the Property in a
quantity or concentration which reasonably precludes Company from
using the Property as contemplated herein, City will make avail-
able to Company a comparable parcel of land adjacent to William
White Boulevard. City and Company shall mutually agree upon the
location of such alternate site.
7. Surveys and Tests. City grants Company the immediate
right to enter the Property and to make such surveys and tests on
the Property as the Company deems necessary. Company agrees to
indemnify and hold City, its officers, employees and agents
harmless from and against all claims, actions, suits, costs,
liabilities, interest and attorney fees resulting from or arising
out of Company's entry upon or use of the Property prior to
closing.
8. Colorado Law. This Agreement shall be governed by the
laws of the State of Colorado and shall be construed in accordance
therewith.
9. No Waiver No provision of this Agreement may be waived
except by an agreement in writing signed by the waiving party. A
waiver of any term or provision shall not be construed as a waiver
of any other term or provision.
10. Binding Effect. This Agreement shall be binding on the
parties, their heirs, executors, administrators, successors or
assigns. The parties agree to do any and all things necessary to
effectuate the purposes of this Agreement.
11. Construction. Throughout this Agreement, the singular
shall include the plural; the plural shall include the singular;
and the masculine and neuter shall include the feminine, wherever
the context so requires.
12. Text to Control. The headings of sections are included
solely for convenience of reference. If any conflict between any
heading and the text of this Agreement exists, the text shall
control.
13. Severability. If any provision of this Agreement is
declared by any court of competent jurisdiction to be invalid for
any reason, such invalidity shall not effect the remaining pro-
visions. On the contrary, such remaining provisions shall be
fully severable, and this Agreement shall be construed and
enforced as if such invalid provisions had never been inserted in
the Agreement.
14. Amendment. This Agreement sets forth the entire under-
standing of the parties and may be amended, altered or revoked at
any time, in whole or in part, only by filing with this Agreement
a written instrument setting forth such changes, signed by the
parties hereto, except as otherwise provided in Section 3.
15. No Assignment The Company shall not assign this
Agreement or any interest therein without the prior written
consent of the City, which consent shall not be unreasonably
withheld or delayed.
16. Notices All notices required to be given by this
Agreement shall be made in writing and served either by:
a. personal delivery to the party requiring notice; or
b. mailing notice via the U.S. Mail to the last known
address of the party requiring notice, by first class mail,
postage prepaid.
Effective date of the notice shall be the date of the
personal delivery as specified in paragraph a. above or four (4)
days after the date the notice was deposited in the U.S. Mai 1 as
specified in paragraph b. above.
For purposes of this section, the initial addresses of
the parties hereto shall be as follows:
Kaiser Aerospace &
Electronics Corporation,
c/o Thomas T. Farley
Petersen & Fonda, P.C.
650 Thatcher Building
Pueblo, Colorado 81003
City Manager
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
and
Thomas E. Jagger
City Attorney
127 Thatcher Building
Pueblo, Colorado 81003
17. Survival of Covenants and Representations. The cove-
nants, representations and warranties made by each party herein
shall survive the closing for the benefit of the other party.
18. Non - Exclusive Use of Roads. City grants to Company a
non - exclusive easement and right -of -way over and across William
White Boulevard for purposes of ingress to and egress from U.S.
Highway 50 -B to and from the Property. City reserves the right to
repair, modify, alter, change, relocate, temporarily close and
provide detours therefor, and redesignate such road. Immediately
upon the dedication by the City of the roads, or any portion
thereof, to the public, the easement and right -of -way granted by
this paragraph shall cease and terminate as to the roads or
portions thereof so dedicated.
19. Option (a) If Company is not in default under this
Agreement, and if Company is then employing approximately 100
employees at its facility on the Property or presents documenta-
tion satisfactory to City that it will prior to the expiration of
two years from closing date employ approximately 100 employees at
its facility on the Property, Company shall have the exclusive
option for a period of five (5) years after closing to purchase
land west of the Property and described in Exhibit "B" attached
hereto, consisting of approximately 19 acres (herein "Option
Property "), upon the terms and conditions herein set forth, for a
purchase price of $1.00 per acre. The option shall be exercised
by Company by delivering to City, on or before the expiration of
the 5 -year option period, Company's written notice of exercise of
this option. Company shall within one year after date of closing
and annually thereafter during the 5 -year option period deliver
written notice to City stating Company's intention to keep this
option in effect for the subsequent year. If Company fails to
deliver written notice to City of either (i) its exercise of the
option before the expiration of the 5 -year option period, or (ii)
its annual notice of intent to keep this option in effect as above
provided, the option hereby granted shall terminate and City shall
be entitled to sell or transfer the Option Property free of
Company's rights hereunder, provided that if this option
terminates because Company has failed to give its annual notice of
intent to keep this option in effect as above - provided, City shall
during the balance of the option period, give Company a thirty
(30) day written notice of right of first refusal to purchase the
property on the same terms that City has offered to a prospective
purchaser of the Option Property. In the event the Company does
not within said thirty (30) day period give written notice to City
of Company's exercise of its right of first refusal to purchase
the Option Property upon the same terms and conditions contained
in City's notice, City shall be entitled to sell or transfer the
Option Property free of Company's rights hereunder.
(b) Within thirty (30) days after Company delivers to
City written notice of its exercise of this option, Company and
City shall enter into an agreement for the purchase and sale of
the Option Property upon the same terms, conditions and provisions
of this Agreement, except (i) paragraphs 5(a), 6(c), 6(d) and 19
-7-
will be deleted therefrom, (ii) the date of closing shall be no
later than ninety (90) days after Company delivers to City its
notice exercising this option; and (iii) the annual service fee of
$250.00 payable by Company under paragraph 5(f) shall be City's
then current annual service fee charged to other owners and users
of City's services subject to modification and adjustment as
provided in paragraph 5(f).
IN WITNESS WHEREOF, the Company has caused this Agreement to
be executed by its duly authorized officers, and the City has
caused this Agreement to be executed by its duly authorized
representatives both on the day and year first written above.
[S E A
ATTEST:
KAISER AEROSPACE & ELECTRONICS
CORPORATION, A NEVADA CORPORATION
By 44 � - C .� �
H. J. mead, President
Kaiser Aerospace & Electronics
Corporation, a Nevada Corporation
CITY OF PUEBLO,
A MUNIC L CORPORATION
[S E A L]
ATTEST: By
CI� Clerk 7 President of the City Council
CORPORATE ACKNOWLEDGMENT
NO. 202
State of
County of
e&A.1C. ss.
OFFICIAI, SEAL
RICHARD A HARBRKHT
NOTARY PUBLIC - CALIFORNIA
SANTA CLA A COUNTY
My comm. expires JUN 23, 1989
m 9
A S
ue.1—. RI . Pr) Rnz 4625 . Woodland Hills, CA 91364
7120 122
On this the A 9 day of 0 64 4 4, 19 n, before me,
the undersigned Notary Public, personally appeared
11.c7 Smea4r a4 �[ �s• I�CiH Z ,
X personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Pre4;c(t-d a•.c� T_ tMon behalf of the corporation therein
named, and acknowledged tome that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
TJ 20.24 —8—
KAISER OPTION
A parcel of land located in the County of Pueblo, State of Colorado, to -wit:
A parcel of land being a part of the Ej of the SE4 of Section 26, Township 20
South, Range 64 West of the Sixth Principal Meridian, said parcel being more particularly
described as follows:
BEGINNING at a point from which the northeast corner of said Section 26 bears
N 13 ° - 49' -47" E ( all bearings used herein are based on the north line of said Section
26 to bear N 89 °- 10' -48" W) a distance of 3447.80 feet; thence S 88 °- 02' -03" W a distance
of 689.05 feet; thence S O1 ° - 57' -57" E a distance of 1173.59 feet; thence N 89 21' -08" E
a distance of 689.24 feet; thence N Ol °- 57' -57" W a distance of 1189.44 feet to the
POINT OF BEGINNING.
Said parcel contains 18.69 acres more or less.
PROFESSIONAL LAND SUVEYOR NO. 10093
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EXHIBIT "B"
NO. 853228 R scotow .3 o q JAN 13 1988 aook2382 mGE829
PURR CqsHn, COWRAao '
WARRANTY DEED
THIS DEED, made this /3 day of /'I. -Jo 6Pa , 1987 by and
between the CITY OF PUEBLO, a Municipal Corporation, existing
under the laws of the State of Colorado (herein "City ") and KAISER
AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION (herein
"Company "), WITNESSETH:
That the City for and in consideration of the sum of $19.00
and other good and valuable consideration to the City in hand paid
by the Company, the receipt whereof is hereby confessed and
acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto
the Company, its successors and assigns forever, all the real
property situate, lying and being at Pueblo Memorial Airport,
County of Pueblo, State of Colorado, more particularly described
in Exhibit "A" attached hereto and incorporated herein (herein
"Property), with all its appurtenances, and warrant the title to
the same, subject to restrictions, reservations, rights of way,
and easements of record and easements for the existing sanitary
and storm sewer, water and natural gas lines located on or
crossing the Property, and to the following covenants, conditions,
and restrictions which are and shall be construed to be covenants
running with the land described herein and binding upon the
Company, its successors and assigns and inuring to the benefit of
the City, its successors and assigns.
1. City reserves unto itself and its successors and
assigns, for use and benefit of the public, a right of flight for
eom2382 FAGF830
the passage of aircraft in the airspace above the surface of the
Property, together with the right to cause in the airspace above
the surface of the Property such noise as may be inherent in the
operation of any aircraft now known or hereafter used for naviga-
tion of or flight in said airspace, and for use of the airspace
above the surface of the Property for landing on, taking off from,
or operation on or over the Pueblo Memorial Airport.
2. Company expressly agrees for itself, its successors and
assigns to restrict the height of structures, objects of natural
growth and other obstructions on the Property, to a height of not
more than 4,710 feet above the mean sea level.
3. Company expressly agrees for itself, its successors and
assigns, that it will prevent any use of the Property which would
interfere with landing or taking off of aircraft at the Pueblo
Memorial Airport, or otherwise constitute an airport hazard.
4. The Property and its use are further subject to the
following Restrictive Covenants:
(a) The Property may be used only for manufacturing facili-
ties and related non - hazardous research and development and
incidential office and warehouse uses. The Property shall not be
used for smelting or plating operations, or for the storage or
processing of putrescible materials, or for any purpose or
business which constitutes a nuisance, or which exceeds the state
air pollution control standards for the facility. Gasoline or
diesel fuel used in connection with the business conducted on the
Property but not for sale at retail or wholesale may be stored on
the Property in an environmentally sound manner.
(b) Parking areas for vehicles and roads on the Property
shall be paved.
(c) The Property shall not be subdivided and no building or
structure over sixty (60) feet in height shall be installed or
constructed on the Property.
(d) No structure or building shall be constructed or
installed nearer than sixty -five (65) feet of the right -of -way
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aooH2382 PmF831
line of William White Boulevard or twenty -five (25) feet of side
or rear streets. There must be installed and maintained a minimum
thirty -five (35) foot strip of living landscaped ground adjacent
to William White Boulevard and fifteen (15) feet adjacent to other
abutting streets. Minimum side yards set -backs shall be twenty -
five (25) feet.
(e) The Property owner shall at all times keep and maintain
the Property and all buildings, landscaping and improvements
located thereon in a good, clean, safe and orderly condition free
of waste, rubbish, debris and trash, and enclose and screen from
public view all outside storage and unsightly areas of the
Property and those used for storage.
(f) Before commencing the construction, installation or
alteration of any building, structure, parking facility, outdoor
sign, or other permanent improvement, or landscaping on the
Property, the Company shall submit to and have approved by the
City in writing the site plans and plans and specifications
therefor. City's approval will not be unreasonably withheld. In
the event the City or its designated representatives shall fail to
approve or disapprove such plans and specifications within twenty -
five (25) working days after they have been submitted to the City,
such approval will not be required and this covenant will be
deemed to have been complied with. All buildings, improvements
and activities on the Property shall be constructed and conducted
in compliance with all applicable federal, state and local law,
regulations, and codes.
(g) Waste water discharged from the Property into City's
sanitary sewer system and Company's use thereof are limited by and
subject to the available treatment capacity of City's waste water
treatment facilities and City's sewer user, industrial cost
recovery, high strength surcharge, and pretreatment ordinances,
rules and regulations applicable to City's sanitary sewer system
at Pueblo Memorial Airport, now in effect or hereafter adopted or
amended.
(h) City reserves the right to waive all or any part of
these Restrictive Covenants.
5. If Company does not commence construction on the
Property of an approximately 100,000 square foot manufacturing
f a c i l i t y within nine ( 9 ) months from date hereof and thereafter,
without unreasonable delay, pursue their completion and take all
action necessary and required therefor, Company shall reconvey to
City marketable title to the Property by Special Warranty Deed
free of all liens, claims, encumbrances, taxes, restrictions,
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aook2382 PAGF832
reservations, easements and rights of way placed thereon by the
acts or defaults of Company. The term "commence construction"
means the pouring of footings and foundations.
6. At the request of City, Company shall meet and in good
faith confer with City concerning the annexation of the Property
to the City when the Pueblo Memorial Airport, or any part thereof,
including without limitation, the Property becomes eligible for
annexation.
7. Invalidation of any one of the foregoing covenants,
conditions, restrictions or reservations by judgment or court
order or otherwise shall not affect any of the other of said
covenants, reservations, restrictions or conditions which shall
remain in full force and effect.
8. City shall have the right to enforce the restrictions,
covenants and conditions hereof by injunction or other lawful
procedure and to recover damages, costs, expenses, including
reasonable attorney fees, resulting from any violation thereof or
arising out of their enforcement.
CITY OF PUEBLO,
[S E A L] A MUNI IPAL CORPORATION
ATTEST:
By
Pre dent of the City Council
Cif er
KAISER AEROSPACE & ELECTRONICS
CORPORATION, A NEVADA CORPORATION
[S E A L)
ATTEST:
.r
e.c re.f "
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By
H. J. Pmead
Title: President, Kaiser Aerospace
& Electronics Corporation, a
Nevada Corporation
-4-
Hook 2382 ParF 833
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The fo eg instrument was acknowledged before me this /,a
day of , 1987 by Michael Occhiato as President of
the City_, Council of Pueblo, Colorado and Marian D. Mead as City
Clerk of the City of Pueblo, Colorado.
Wi�irress my hand and official seal.
a
+' '1�y commission expires:
Notary Public
i h
.. i
COUNTY OF )
ss.
STATE OF )
The foregoing instrument was acknowledged before me this
,2q+" day of Cm4he. , 1987 by H. J. Smead as President and
X G. 1/Qia z as Secretary of Kaiser Aerospace & Electronics
Corporation, a Nevada Corporation.
Witness my hand and official seal.
My commission expires: la, r2 3 0 l9�9
a' 1
Notary Public
[S E A L]
- - -------- I
OFFICIAL SEAL
P,ICHARn A HARRRECHT
m NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY �r
My comm. expires JUN 23, 1989
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TJ 20.25
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soak2382 PaoF834
EXHIBIT "A"
A parcel of land located in the County of Pueblo, State
of Colorado, to -wit:
A parcel of land being a portion of the E 1/2 of the SE
1/4 of Section 26, Township 20 South, Range 64 West of
the 6th Principal Meridian, being more particularly
described as follows:
Beginning at a point from which the NE corner of said
Section 26 bears N 02° 12' 27" E (bearings based on the
north line of said Section 26 to bear N 89 10' 48" W,
with all bearings contained herein being relative
thereto), a distance of 3326.43 feet; thence S 01 57'
57" E, a distance of 1195.62 feet; thence S 87° 55' 59"
W, a distance of 397.51 feet; thence S 89° 21' 08" W, a
distance of 299.01 feet; thence N 01° 57' 57" W, a
distance of 1189.44 feet; thence N 88° 02' 03" E, a
distance of 696.44 feet to the Point of Beginning,
containing 19.10 acres.